Alice Corp

While it is unwise to expect that there will be a Diehr-type shift back toward defining what is patent eligible (as happened after Flook and Bergy) as a response to Alice, it is equally unwise to expect the pendulum to stop swinging back-and-forth.

Thus, it seems for now that patent owners will continue to face challenging times. So what can you do to ease the pain? Proactive patent owners should begin changing their approach to prosecution and litigation in certain respects.